Seema Shantaram Joshi vs The State Of Maharashtra Through ...
2021 Latest Caselaw 11897 Bom

                                            1                              933 WP.9404.2021.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.

                         933 WRIT PETITION NO.9404 OF 2021

                       SEEMA D/O. SHANTARAM JOSHI
                                 VERSUS
                       THE STATE OF MAHARASHTRA
                 THROUGH PRINCIPAL SECRETARY AND OTHERS

                                      ...
Advocate for Petitioner : Mr. Paresh B. Patil (Borse).
AGP for Respondent/State: Mr. S. P. Tiwari.
                                    ...


                                     CORAM : S. V. GANGAPURWALA &
                                             R. N. LADDHA, JJ.

                                     DATE       :   26th August, 2021.

P.C.:

.                  The learned counsel submits that the appointment of

petitioner on unaided post is approved. The petitioner is transferred

after rendering five years of service on unaided post to the aided post.

The approval is granted by the Education Officer, but in a phase wise

manner.

2 We have in our judgment dated 4.7.2019 in Writ Petition

No.1493 of 2018 with connected Writ Petitions held that some of the

clauses of the Circular dated 28.6.2016 do not apply. It appears that

the Education Officer, while granting approval to the appointment of

petitioners as an Assistant Teacher from the date of transfer to the

2 933 WP.9404.2021.odt

aided posts had granted approval on grant-in-aid in phase-wise

manner to the effect that after five years, the petitioners would be

granted approval on 20% grant-in-aid. The same would not be in tune

with the order passed by this Court from time to time at this Bench and

also at principal seat.

3 In case the petitioners are transferred on 100% grant-in-

aid posts since the date of completion of three years, they shall be

considered on 100% grant-in-aid posts. In case the petitioners are

transferred on grant-in-aid posts, for example on 60%, then from the

date of transfer, they would be on 60% grant-in-aid posts, but if the

petitioners, after having completed three years on unaided posts and

are transferred on 100% grant-in-aid posts, their services will have to

be considered on 100% grant-in-posts. This aspect has been ignored

by the Education Officer.

4 In light of above, the impugned order of granting approval

in phase-wise manner is quashed and set aside and modified.

5 In case the Education Officer is satisfied about approval to

the transfer of the petitioner on aided post and if the petitioner has

completed three years and more on unaided post before she is

transferred to aided post on 100% grant-in-aid post, then respondent -

3 933 WP.9404.2021.odt

Education Officer shall consider grant of approval to the transfer of the

petitioner on 100% grant-in-aid post within a period of six months.

      6                  The writ petition is disposed of. No costs




      [ R. N. LADDHA, J. ]                        [ S. V. GANGAPURWALA, J. ]
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